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Opinion of Berman

Opinion of Berman

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Published by Latisha Walker

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Published by: Latisha Walker on Sep 12, 2012
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USDC SONYDOCUMENT
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT
OFNEW YORK
ELECTRONICALLY FILED
------------------------------------------------------------)(
DOC#:
- - - - - - ~ - - - - - - - - - -
UNITED STATES OF AMERICA,
DATE FILED:
~
/1'2/'201..1-
Plaintiff,90 Civ. 5722 (RMB)-against-
OPINION
&
ORDER
DISTRICT COUNCIL OF
NEW
YORK CITYand VICINITY OF THE UNITEDBROTHERHOOD OF CARPENTERS andJOINERS OF AMERICA, et aI.,Defendants.
------------------------------------------------------------)(
Having reviewed the record herein, including
(i)
the Consent Decree, entered into by theGovernment and the District Council
of
New
York City and Vicinity
of
the United Brotherhood
of
Carpenters and Joiners
of
America ("District Council"
or
"Union"), and approved
by
UnitedStates District Judge Charles
S.
Haight
on
March 4, 1994, permanently enjoining all current andfuture members
of
the District Council from, among other things, "committing any act
of
racketeering activity, as defined in
18
U.S.C.
§
1961"; (ii) the Court's Decision
&
Order, datedAugust 27, 2012, denying the letter application
of
Joshua A. Douglass, Esq., dated August 7,2012, seeking to challenge the so-called "three-dispatch rule" and the collective bargainingagreement entered into between the Union and Gilbert Displays, Inc.
on
or about August 9, 2009("Gilbert CBA");
(iii)
the letter, dated August
28,2012,
of
Union member Veronica Sessionrequesting the Court's "intervention" as to (1) the three-dispatch rule; (2) the Gilbert CBA; and(3) a proposed "full mobility" amendment to the collective bargaining agreement entered into onJuly
1,
2006 between the District Council and the Association
of
Wall-Ceiling and CarpentryIndustries
of
New
York, Inc. ("Full Mobility Amendment"); (iv) the letter, dated Sept. 6, 2012,
Case 1:90-cv-05722-RMB -THK Document 1186 Filed 09/12/12 Page 1 of 3
 
 2of Review Officer Dennis M. Walsh, Esq. (“RO”); and
 
applicable legal authorities,
the Courthereby denies Ms. Session’s application as follows:
 1) Preliminarily, Ms. Session’s application is dismissed without prejudice becauseshe has made no showing that she has standing to litigate under the Consent Decree. See UnitedStates v. Dist. Council of New York City, No. 90 Civ. 5722, 2007 WL 3196136, at *1 (S.D.N.Y.Oct. 26, 2007); Lee v. Bd. of Governors of the Fed. Reserve Sys., 118 F.3d 905, 910 (2d Cir.1997) (“[T]he party invoking the authority of the court bears the burden of proof on the issue of standing.”). Ms. Session has not, for example, demonstrated an “injury-in-fact,” a “causalconnection between the injury and the conduct complained of,” or that “the injury will beredressed by a favorable decision.” Lee, 118 F.3d at 910 (internal quotation marks omitted).2) Assuming, arguendo, that Ms. Session had standing and that her application wereproperly before the Court, it would be dismissed with respect to the three-dispatch rule and theGilbert CBA for the reasons set forth in the Court’s August 27, 2012 Decision & Order. SeeUnited States v. Dist. Council of New York City, 90 Civ. 5722, 2012 WL 3822963, at *2(S.D.N.Y. Aug. 27, 2012); (Ltr. to the Court from Dennis M. Walsh, Esq., dated Sept. 6, 2012(“RO Letter”), at 2 (“[These issues] have already been addressed by the District Council and theRO . . . and were considered by the Court in its August 27, 2012 Decision & Order.”).)With respect to the three-dispatch rule, the Court stated in its August 27, 2012 Decision& Order as follows:The RO proposed the rule at an open forum on May 3, 2012, andhe published his recommendation in his Fourth Interim Report,filed on June 4, 2012. The rule was implemented by ExecutiveSecretary Treasurer Michael Bilello under the District Council’sBylaws, and the District Council announced the rule on its websiteon August 2, 2012. The rule was discussed at a Union delegatebody meeting on August 8, 2012, with no application made to
Case 1:90-cv-05722-RMB -THK Document 1186 Filed 09/12/12 Page 2 of 3

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